How long is a patent valid for? When does the patent take effect?

1.The validity period of different types of patent rights is different, and even the same type of patent will be different in different countries.

There are three types of patents in China: invention patents, utility model patents, and appearance patents, and their validity periods are as follows:

(1) Invention patent:The term of protection of an invention patent is from the filing date20 years

(2) Utility model patents:The term of protection of a utility model patent is from the filing date10 years

(3) Appearance patent:The term of protection of a design patent is from the filing date15 years(The Patent Law of the People's Republic of China (2020 Revised Edition) adjusts the term of protection of design patents from the original 10 years to 15 years, which will come into effect on June 1, 2021.)

Basis: Patent Law of the People's Republic of China (2020 Revised Edition).

Rule 42 The term of a patent right for invention shall be 20 years, the term of a patent right for utility model shall be 10 years, and the term of a patent right for a design right shall be 15 years, all of which shall be calculated from the date of filing.

2.The above patents are effective from the date of publication.

Basis: Patent Law of the People's Republic of China (2020 Revised Edition).

Article 39 Where no reason for rejection is found in an application for invention for invention after substantive examination, the patent administration department shall make a decision to grant the right of invention for invention, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication

Article 40 Where no reason for rejection is found in an application for a patent for utility model or design after preliminary examination, the patent administration department shall make a decision to grant a patent for utility model or a design patent, issue a corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication

In China, the validity period of a patent right depends on the type of patent and the time of application. In general, the validity period is as follows:

1.The validity period of invention patent and utility model patent is calculated from the date of patent application, which is 20 years and 10 years respectively;

2.The term of validity of a design patent is 15 years from the date of grant.

After the expiration of the validity period of the patent right, the patent will no longer be protected by suspicion, and others can freely develop and exploit the technology or design without infringing the patent.

It should be noted that during the validity period of the patent right, the patentee should pay the patent annuity fee in a timely manner in accordance with the law to maintain the validity of the patent right. Otherwise, if the annual fee is not paid in time, the patent will lapse and be deemed to have been abandoned.

In short, it is very important to understand the validity period of the patent right and the payment of patent annuity fees to protect one's intellectual property rights and patents and other legitimate rights and interests.